100 Hour Inspection Question

"James M. Knox" wrote in message ...
Pat Barry wrote in :

Renting out an aircraft is a commercial operation in itself,

It's renting of a piece of property. It is a commercial operation and
will require the renter to hold a state sales certificate (although not
have to pay state tax in most states).

It is not an "operation" as far as the FAA is concern. Operating involves
providing an aircraft and a pilot.

"Ron Natalie" wrote in
m:

Renting out an aircraft is a commercial operation in itself,

It's renting of a piece of property. It is a commercial operation
and will require the renter to hold a state sales certificate
(although not have to pay state tax in most states).

It is not an "operation" as far as the FAA is concern. Operating
involves providing an aircraft and a pilot.

We are in complete agreement, as far as I can tell. Renting an aircraft is
a commercial operation -- just the same as renting a fishing boat or
renting a pair of skis. It's subject to state and federal laws concerning
operating a business, including the collecting and payment of applicable
taxes, plus required permits.

But, as you say, the FAA has no special regulations for this. It's NOT
what they are talking about when they refer to a "commercial operation."


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James M. Knox
TriSoft ph 512-385-0316
1109-A Shady Lane fax 512-366-4331
Austin, Tx 78721
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"James M. Knox" wrote in message
...
"Ron Natalie" wrote in
m:

Renting out an aircraft is a commercial operation in itself,

It's renting of a piece of property. It is a commercial operation
and will require the renter to hold a state sales certificate
(although not have to pay state tax in most states).

It is not an "operation" as far as the FAA is concern. Operating
involves providing an aircraft and a pilot.

We are in complete agreement, as far as I can tell. Renting an aircraft
is
a commercial operation -- just the same as renting a fishing boat or
renting a pair of skis. It's subject to state and federal laws concerning
operating a business, including the collecting and payment of applicable
taxes, plus required permits.

But, as you say, the FAA has no special regulations for this. It's NOT
what they are talking about when they refer to a "commercial operation."

If the inspection is important as health and safety law, all that FAA has
done with the opinion Ron posted is allow any club to forever put off the
100 hour inspection; by merely having the members provide their own
instructor. If the law is not important as health and safety law, then the
opinion acts in restraint of trade, by preventing the school from providing
an instructor.

"Pat Barry" wrote in message ...

Renting out an aircraft is a commercial operation in itself,

Renting out an aircraft (without a pilot) isn't any kind of operation as far as the FAA
is concerned.

and an aircraft
cannot be used in any operation for compensation or hire beyond the currency of
the 100 hours inspection. An application can be given to the FAA whereby the
FAA can extend this by ten hours - but that is the only break there is.

I can assure you that when a plane is out of a hundred hour inspection that it
cannot be rented out.

And I can assure you, you are completely wrong. The rule says "carrying passengers
for hire." Rental is not carrying passengers for hire. The FAA has issued an official
ruling on this. I will repost it here as people insist on repeating this bogosity:

May 3, 1984
In Reply Refer To: ACE-7

Mr. Perry Rackers
Jefferson City Flying Service
PO Box 330
Jefferson City, Missouri 65101

Dear Mr. Rackers
This is in reply to your request of May 1, 1984, that we render an opinion regarding the applicability of the 100-hour
inspections requirement of Section 91.169(b) of the Federal Aviation Regulations to rental aircraft.
Section 91.169(b) of the Federal Aviation Regulations provides that, except as noted in Section 91.169(c), a person may not
operate an aircraft carrying any person, other than a crewmember, for hire, and may not give flight instruction for hire in an
aircraft which that person provides unless, within the previous 100 hours of time in service, the aircraft has received either an
annual or a 100-hour inspection.
If a person merely leases or rents an aircraft to another person and does not provide the pilot, that aircraft is not required by
Section 91.169(b) of the Federal Aviation Regulations to have a 100-hour inspection. As noted above, the 100-hour inspection is
required only when the aircraft is carrying a person for hire, or when a person is providing flight instruction for hire, in their
own aircraft.
If there are any questions, please advise us.

Sincerely,
/s/
Joseph T. Brennan
Associate Regional Counsel